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Madras High CourtWP/22835/2024disposed of

K.Ragu v. The Managing Director

2024-08-12Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.22835 of 2024 K.Ragu ... Petitioner Vs.

1.The Managing Director, No.12, Ramakrishna Salai, Salem - 636 007.

2.The General Manager, Dharmapuri Region, Dharmapuri.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to permit the Petitioner to join in his duty as a Bus Conductor in the respondent Corporation. For Petitioner : Mr.G.Kesavan For Respondents : Mr.K.Raja Standing Counsel 1/6

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to permit the petitioner to join duty as a Bus Conductor in the respondent Corporation.

2.Heard Mr.G.Kesavan, learned counsel appearing on behalf of the petitioner and Mr.K.Raja, learned Standing Counsel appearing on behalf of the respondents. 3.The case of the petitioner is that he was working as a Bus Conductor in the respondent Corporation. Based on the complaint given by a third party, an FIR came to be registered against the petitioner in Crime No.90 of 2024. This resulted in a suspension order passed against the petitioner on 21.02.2024. Subsequently, the 1st respondent through proceedings dated 17.05.2024, revoked the suspension order. After such revocation, the petitioner approached the 2nd respondent for rejoining the duty. However, there was some resistance on the part of the 2nd respondent.

4.The driver of the bus who was also involved in the same incident was also 2/6

facing a similar consequence and therefore, he approached this Court and filed W.P.No.18451 of 2024 seeking for appropriate directions. Based on the directions issued by this Court, the driver of the bus rejoined duty. 5.The petitioner unfortunately has not been permitted to rejoin duty and the 2nd respondent is not allowing the petitioner to join duty. Therefore, the petitioner has now approached this Court seeking for a direction to the 2nd respondent to permit the petitioner to rejoin duty as per the order passed by the 1st respondent dated 17.05.2024.

6.Taking into consideration the facts and circumstances of the case and also the revocation of suspension order passed by the 1st respondent through proceedings dated 17.05.2024 and also considering the fact that the driver of the bus has already rejoined duty based on the order passed by this Court in W.P.No.18451 of 2024, there shall be a direction to the 2nd respondent to immediately act upon the order passed by the 1st respondent dated 17.05.2024 and permit the petitioner to rejoin duty. This process shall be completed, within a period of two weeks from the date of receipt of copy of this order. 3/6

7.The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order. 8.This writ petition is disposed of with the above directions. No Costs. 12.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Managing Director, No.12, Ramakrishna Salai, Salem - 636 007.

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2.The General Manager, Dharmapuri Region, Dharmapuri.

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N. ANAND VENKATESH, J.

ssr W.P.No.22835 of 2024 12.08.2024 6/6